손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The court's explanation of this case is identical to the part of the judgment of the court of first instance, except where the following additional decision is stated, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined
A. The Plaintiff asserts that the instant lawsuit is lawful, as the Plaintiff’s members (resident) resolved to bring the instant lawsuit through the special general meeting on June 28, 2018.
However, there is no evidence to acknowledge that the plaintiff had given notice to its members (resident) one week prior to the date of the above special meeting, ② The number of the plaintiff's members (resident) at the time of the above special meeting shall be 1,459, and the Dong and Ri association organized within the administrative district of Dong and Ri shall be 1,459, barring any other special circumstances. The whole resident of Dong and Ri shall be a member of the Dong and Dong shall be a permanent organization consisting of many unspecified persons who are naturally disqualified for membership at the same time as the relocation and move to other areas (see, e.g., Supreme Court Decision 2011Da10685, Oct. 24, 2013).
On the other hand, Article 3 of the articles of incorporation No. 1 provides that "one person per household shall have voting rights," but the above articles of incorporation is merely the articles of incorporation of "DD" rather than the articles of incorporation of the plaintiff, only the head of the household who is the head of the household shall not be interpreted as the members of the plaintiff
In the above special meeting, only 53 of its members (resident) present at the meeting, and even if the person present at the meeting is assumed to be an agent of his/her members, he/she does not meet the attendance requirements of a majority of the total members.